Dispute resolution laid bare by top panel

Dispute resolution laid bare by top panel

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  • All well and good, but what was actually learnt from this conference? And is there scope within the discussions for someone like a high street civil litigator, who clearly has a handle on dispute resolution?
    Mitch

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  • I find it somewhat disappointing in this day and age a decision is still valued over reaching an agreement.Surely it cannot always be in clients’ best interests? I would hope in 10 years time if a similar vote were to be taken again that the legal profession would have advanced somewhat from this position.

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  • The Economical Litigation Agreement, or "litigation prenup", will be available online in July for companies to incorporate by reference into their contracts in lieu of arbitration clauses. The ELA keeps the substantive dispute decisions in the hands of the civil justice system, while the expensive part of litigation--discovery--is contracted between the parties, proportionate to the dispute, and enforced with fee-shifting (i.e. loser pays in any discovery dispute) by an ELA arbitrator. Happy to discuss further if anyone is interested.

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